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(영문) 대구지방법원 2020.12.24 2020구합20813
징벌처분취소
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On January 30, 1996, the plaintiff was detained in Busan detention house for murder, etc., and on April 8, 1996, the plaintiff was sentenced to imprisonment for life at Busan District Court, and the plaintiff's appeal and appeal were dismissed, and the decision became final and conclusive on December 6, 1996, and currently is confined in Busan Correctional Institution.

B. On November 13, 2019, the Defendant requested a disciplinary resolution against the Plaintiff on the ground that “the Plaintiff found B in the confinement Dong on November 16, 2019 as his/her ward (C room)” was “Around November 6, 2019, the Defendant decided to take a disciplinary measure of 30 days for the Plaintiff on the ground that the said disciplinary measure is recognized on November 14, 2019, on the ground that the grounds for recognizing the above disciplinary measure request on November 14, 2019, Article 107 Subparag. 1 and Article 109(2)1 of the Administration and Treatment of Correctional Institution Inmates Act, and Articles 214 Subparag. 8 and 215 Subparag. 1 of the Enforcement Rule of the same Act.

Accordingly, the defendant issued a 30-day disciplinary measure against the plaintiff on the same day (including the investigation period of 8 days).

(hereinafter “instant disposition”). C.

On December 5, 2019, the Plaintiff completed the execution of disciplinary action according to the instant disposition.

【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 and 6 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. We examine ex officio determination on the legitimacy of the instant lawsuit, ex officio, as to whether the instant lawsuit is lawful.

A. In order to recognize the benefit of a lawsuit in an appeal litigation, there must be “legal interest” as prescribed in Articles 12 and 35 of the Administrative Litigation Act. The legal interest refers to a case where there is a direct and specific interest protected by the law based on the pertinent disposition in principle, and it does not constitute a case where it is merely an indirect or factual interest.

Where the effective period of an administrative disposition is fixed, if the effect of such disposition or its execution is not suspended, the period.

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